Queensland Consolidated Acts

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LAND ACT 1994 - SECT 28

28 Interaction with native title legislation

(1) Any action taken under this Act must be taken in a way not inconsistent with the Native Title Act 1993 (Cwlth) and the Native Title (Queensland) Act 1993.

(2) To remove any doubt, it is declared that if native title exists over land, the land may still be dealt with under this Act.

(3) However, subsection (2) is subject to subsection (1).

Example—
The issue of a permit under this Act, with appropriate conditions, could be a low impact future act under the Native Title Act 1993 (Cwlth).

(4) In subsection (1)—

action includes any of the following—

(a) reserving land;
(b) dedicating land as a road;
(c) granting land;
(d) issuing a lease, permit or licence over unallocated State land, reserve, road, national park, conservation park, State forest or timber reserve;
(e) including a reservation in a deed of grant, deed of grant in trust or lease;
(f) disposing of a reservation no longer needed;
(g) renewing a lease;
(h) converting a lease to another form of tenure;
(i) including land in a lease or deed;
(j) approving a trustee lease or trustee permit;
(k) changing the purpose of a lease, licence, permit or reserve;
(m) actions above and below high-water mark and in layers or strata;
(n) offering or agreeing to carry out an action.


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